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Two missed visitations - thoughts

ICanMakeIt's picture

I'll try to be brief and include a lot of pertinent information.

This is about a coworker/friend's situation. I've been sharing what I've learned here and my own experience but we've moved into new territory.

Coworker's husband has full custody of children. Mother walked out years ago and was not in communication at all until co worker entered to picture.

Mother has visitation only no custody.

Mother's own family testified against her in court for full custody to be given to dad.

Mother has been doing visitation since co worker entered picture so a couple years now. The mother has two other young children with man she ran off with. 

Mother just this year has tried to commit suicide, and is super high conflict. She lost the youngest of co workers step kids and had to have K9 track him this year also on her visitation weekend. She ran from another county due to pending DSS situation where one of the new kids was found in the middle of the road at night.

Issue is the last visitation coworker's SKs attended, Mother was sleeping, Step Dad playing video games. Eldest SK goes into room of little kids and they are all touching each other with no clothes on the bottom portion. Eldest SK goes to Step Dad he brushes her off and tells her it's normal and continues to play video games. 

SK has been struggling and this pushed her over the age. When she returned home after visitiation she confesses to cutting herself recently and then out comes this story.

Coworker and Dad take her to mental health facility to be checked safety plan in effect the whole 9 yards. The kid tells he Dr her mother is her biggest stress factor and she doesn't want to return. 

Coworker and husband have 4 kids total, busy household and now this scary situation to worry about. 

They contact the mom via email and let her know visitiation won't be happening (prior to missed visitation) and explain SK is under medical care etc etc. 

Mom has now filed contempt charges. 

Surely no judge would find this man in contempt right? They have all documentaiton of communication and Dr. paperwork .

Any thoughts would be appreciated as they are already stressed and worried about this kid and have pantry locked drawers in kitchen etc locked and going to a million appointments on top of running a house with 3 other children. They didn't need this too. 

 

Comments

Picardy III's picture

Has your coworker's husband contacted the police?

If no charges are filed, then I'd think he could be held in contempt for withholding visitation (since it's then just his personal judgment that BM's living environment is problematic).

notsurehowtodeal's picture

He needs to petition the court for an emergency hearing. He should contact his lawyer and follow their advice. He may need to involve social services and the police. He needs to handle this through the court system as it will take more than just the doctor's notes for him to legally withhold visitation.

justmakingthebest's picture

I can't imagine him getting more than a slap on the hand at most. With the medical plan in place- I think he will be fine in court. He should hire an attorney though. This is one that has so much going on that I wouldn't want to face the courts alone. 

ndc's picture

How old is the child who doesn't want to go for visitation?  Are all children being withheld or just the older one? Were CPS/police involved when mom "lost" the other child?  Was CPS called for the incident that pushed the oldest SK over the edge?  I can see a judge holding the dad in contempt if he hasn't attempted to involve authorities or go through the court system to change visitation.  He needs to hire a lawyer and do this the proper way.

ICanMakeIt's picture

He has contacted his attorney and made the mistake of not involving CPS because he thought the Drs would being mandatory reporters...he thought him doing it looked suspect. The child involved is a freshman in HS although maturity wise younger. All children were exempt from the visitation as he was making a personal judgement as another poster put it. 

Harry's picture

BM will handle it .   Make sure next time police CPS gets involved.  So they can  interview, do reporters.  Then he has a change for her getting supervise visits.  If not charge with a crime 

Exjuliemccoy's picture

He should still contact CPS. He can say he's just following up to confirm that SD's doctors did contact them, and if they didn't, he can ask to file a complaint.

Chelseybychelsey's picture

Legally dad is in contempt.

Even with a police report and cps he still  can't deny visitation.